Legal Point: Solved Question Paper of Uttarakhand Judicial Services (Pre.) Examination, 2006

Uttarakhand Judicial Services (Pre.) Examination, 2006

Part-I

General Knowledge

1. In which one of the following cases, where whole hearing was conducted by the Trial Court through the Vedio Conferencing first time in India?

A. Abdul Kareem Mulla 2006

B. Abdul Kareem Telegi 2006

C. Ottavio Quattrochhi 2006

D. Telephone Tappin Case 2006

Ans. (b)

2. Who was the First Secretary General of the United Nations?

(A) Trigve Lie (B) U. Thant

Ans. (a)

3. Which of the following is not a Constitutional Body?

A. Union Public Service Commission

B. Finance Commission

C. Planning Commission

D. Election Commission

Ans. (c)

4. Which Articles of the Indian Constitution invest extraordinary power in the Supreme Court of India?

A. Articles 32, 137 and 142

B. Articles 32, 136 and 142

C. Articles 136, 137 and 226

D. Articles 226, 137 and 142

Ans. (b)

5. The Vice President of India also holds of office the followings?

A. Chairman of Finance Commission

B. Chairman of Rajya Sabha

C. Chairman of Planning Commission

D. Chairman of Privileges Committee

Ans. (b)

6. Right to Property in India is:

A. Fundamental Right

B. Legal Right

C. Constitutional Right

D. None of the above

Ans. (c)

7. What is the name of Frontier Gandhi?

A. Mohan Das Karamchand Gandhi

B. Indira Gandhi

C. Rajeev Gandhi

D. Khan Abdul Gaffar Khan

Ans. (d)

8. On which date ‘Law Day’ is celebrated in India?

A. 26^th November

B. 28^th October

C. 2^nd October

D. 15^th August

Ans. (a)

9. Who is empowered to set up Commission for the promotion of Human Rights under the U.N. Charter?

A. The General Assembly

B. The Economic and Social Council

C. The Trusteeship Council

D. The Secretary General

Ans. (b)

10. Which Committee is responsible for tax reforms?

A. Janakiraman Committee

B. Narasimhan Committee

C. Malhotra Committee

D. Chelliah Committee

Ans. (d)

11. Which one of the following decided by Supreme Court led to First Amendment in the Indian Constitution?

A. Chintamani Rao v. State of M.P.

B. Bihar Rajya v. Kameshwar Singh

C. Shankari Prasad v. Union of India

D. State of Madras v. Champakan Dorairajan

Ans. (d)

12. Members of International Court of Justice are elected for a period of:

(A) 5 years (B) 3 years

Ans. (c)

13. Manu Smriti is related with:

A. Economics

B. Political Science

C. Medical Jurisprudence

D. Law

Ans. (d)

14. INSAT-4A, the First Satellite of the Fourth generation, INSAT series, was launched on:

A. 22^nd March, 2000

B. 28^th September, 2003

C. 22^nd December, 2005

D. None of the above

Ans. (c)

15. Who has been appointed the First chief Information Commissioner, under the Right to Information Act, 2005?

A. Wajahat Habibullah

B. Irfan Habib

C. Tahir Mahmood

D. Najma Heptulla

Ans. (a)

16. Which Act gave separate electorate rights to Muslims in India?

A. The Indian Councils Act, 1909

B. The Government of India Act, 1915

C. The Government of India Act, 1919

D. The Government of India Act, 1935

Ans. (a)

17. Stockholm conference on ‘Human Environment’ was held in the year:

(A) 1972 (B) 1973

Ans. (a)

18. Who has been appointed the First Chairperson of the ‘National Knowledge Commission’ launched in the year 2005?

A. Kuldip Nayar

B. Sam Pitroda

C. Jagmohan

D. Bharat Jhunjhunwala

Ans. (b)

19. The power of Governor of a State to promulgate ordinance is given in Constitution of India in:

(A) Article 123 (B) Article 212

Ans. (c)

20. Match List-I with List-II and select the correct answer using the code given below the lists:

List-I

(Event)

A. World Library Day

B. United Nations Day

C. International Human Rights Day

D. Hiroshima Day

List-II

(Days)

A. 6^th August

B. 8^th September

C. 24^th October

D. 10^th December

Code:

A B C D

(A) 1 4 3 2

(B) 2 3 1 2

(D) 1 3 4 2

Ans. (c)

21. By Which Amendment of the Constitution the number of Ministers was limited to 15% of the total number of the House?

A. 91^st

B. 92^nd

C. 93^rd

D. None of the above

Ans. (a)

22. Match list-I with List-II and select the correct answer using the codes given below the list.

List-I

A. Articles 39 A (B) Article 43

C. Article 44 (D) Article 50

List-II

(Provisions)

A. Living wages for workers

B. Uniform Civil code

C. Seperation of Judiciary from executive

D. Free Legal Aid

A B C D

(A) 1 4 3 2

(B) 4 1 3 2

(D) 1 4 3 2

Ans. (c)

23. Which of the following cases is related to Constitutionality of Right to death?

A. Maneka Gandhi v. Union of India

B. Gain Kaur v. State of Punjab

C. A.K. Gopalan v. Union of India

D. Kharak Singh v. State of U.P.

Ans. (b)

24. Which of the following States has implemented VAT with effect from 1-10-2005?

A. Chattisgarh

B. Uttranchal

C. Jharkhand

D. Uttar Pradesh

Ans. (b)

25. The meaning of ‘Lex Loci’ is:

A. Law of the Land is Supreme

B. Law of Land

C. Local Laws

D. Law of England

Ans. (c)

26. The principle of basic structure in the Constitution was established in:

A. Prime Minister

B. Labour Minister

C. Industry Minister

D. Social Welfare Minister

Ans. (d)

27. Who is the ex-officio Chairman of ‘National Child Labour Abolition Authority’?

A. Prime Minister

B. Labour Minister

C. Industry Minister

D. Social Welfare Minister

Ans. (d)

28. Jain Community has been declared as a minority community in which of the following States?

A. Bihar

B. Madhya Pradesh

C. Punjab

D. Chhattisgarh

Ans. (b)

29. ‘Proper’ respect is shown to National Anthem by standing up when the National Anthem is sung. It will not be right to say that dis-respect is shown by not joining in the signing.” It has been held in:

A. Bijoi Emmanuel v. State of Kerala

B. Surya Narian v. U.O.I.

C. Ram Jawaya Kapur v. U.O.I.

D. keshvanand Bharti v. U.O.I.

Ans. (a)

30. The Right to Information Act, 2005 extends to:

A. The Whole of India

B. The Whole of India except jammu & Kashmir

C. The Whole of India except Jammu & Kashmir and Punjab

D. None of the above

Ans. (b)

31. In which case the Dissolution of Bihar Legislative Assembly by Governor before formation of Government was declared unconstitutional?

A. Rameshwar Prasad v. U.O.I. (W.P. 257 of 2005)

B. K.C. Vasant Kumar v. State of Karnataka (AIR 1985 SC 1495)

C. Inamdar v. State of Maharastra

D. Banarsi Das V. Teeku Datta & Sons

Ans. (a)

32. VAT is related to:

A. Banking Service

B. Business Tax System

C. Life Insurance

D. None of the above

Ans. (b)

33. How many members are nominated in Lok Sabha by the President?

(A) 1 (B) 2

Ans. (b)

34. How many Fundamental Duties are mentioned in Indian Constitution?

(A) 10 (B) 11

Ans. (b)

35. ‘Right to Education’ is a Fundamental Right under:

(A) Article 14 (B) Article 19

Ans. (d)

36. NACO stands of one of the following:

A. National AIDS Control Office

B. National AIDS Control Oraganization

C. Non-AIDS Control Organisation

D. None of the above

Ans. (b)

37. Which Environmentalist is honoured with Padma Shri by President?

A. Chandi Prasad Bhatt

B. Baba Amte

C. Sunderlal Bahuguna

D. None of the above

Ans. (d)

38. Which of the following is related to SEBI?

(A) Banking (B) Share Market

(D) Banking and Insurance

Ans. (b)

39. Which Article of the Indian Constitution is related to abolition of untouchability?

(A) Article 17 (B) Article 15

Ans. (a)

40. On which day World Environment Day is celebrated?

(A) 5^th June (B) 10^th June

Ans. (a)

41. Which one of the following judges referred to emergency as the ‘darkest chapter of the democratic history of India’?

A. Justice H.R. Khanna

B. Justice P.N. Bhagwati

C. Justice V.N. Khare

D. Justice Krishna lyer

Ans. (a)

42. For negating the mandate of which Constitutional Provision, the Supreme Court of India has held the Illegal Migrates (Determination by Tribunals) Act, 1983 as unconstitutional?

A. Article 249

B. Article 355

C. Article 11

D. Article 359

Ans. (a)

43. What was the number of original members of the United Nations?

(A) 52 (B) 55

Ans. (d)

44. The Constitution establishes a System of Government which is almost quasi-federal’. This was a statement of:

A. Sir lvor Jennings

B. Dr. B.R. Ambedkar

C. Prof. K.C. Wheare

D. Dr. Rajendra Prasad.

Ans. (c)

45. For how many days in a year the National Rural Employment Guarantee Act, 2005 provides for right to Unemployment Allowance?

(A) 125 days (B) 150 days

Ans. (c)

46. Which one of the following Sections of the Protection of Human Rights Act, 1993 contains the functions of the National Human Rights Commission?

(A) Section 14 (B) Section 13

Ans. (c)

47. The Finance Commission consists of:

A. A Chairman and Four members

B. Five members

C. A Chairman and Three members

D. A Chairman and Seven members

Ans. (a)

48. Who amongst the following is known as the ‘Father of the Law of Nations’?

(A) Grotius (B) Oppenheim

Ans. (a)

49. What is Euro-III?

A. European Currency

B. Group of European Countries

C. European Film Festival

D. Pollution Control Scale

Ans. (d)

50. The definition of “Information” is given in the Right to information Act, 2005 under:

(A) Section 2(g) (B) Section 2 (a) (i)

Ans. (d)

Part-II

Law

51. The statement, "while there is no rose which has not thorn but if what you hold is all thorn and no rose, better throw it away", relates to:

A. Restitution of conjugal rights

B. Judicial separation

C. Divorce by mutual consent

D. Irretrievable break down of marriage theory of divorce

Ans. (d)

52. Which of the following Section was not inserted in the Indian Evidence Act, 1872 by the Information Technology Act, 2002?

A. Section-81 A

B. Section-114 A

C. Section-73 A

D. Section-47 A

Ans. (b)

53. 'A' wishes to prove dying declaration by 'B', 'A' must prove B's death. Which section of the Indian Evidence Act provides so?

A. Section 32(1)

B. Section 103

C. Section 104

D. Section 105

Ans. (c)

54. Which Section of the Indian Evidence Act is related to dowry death?

(A) Section-113 A (B) Section-113 B

Ans. (b)

55. Match the following and tick the correct code.

List-l

(Section of lEA)

A. Section-7

B. Section-8

C. Section-l l

D. Section-14

List-II

(Relevant Facts)

A. Motive of relevant facts

B. Facts inconsistent with relevant fact

C. Cause of relevant facts

D. Fact showing existence of any state of body

Codes:

A B C D

(A) 1 2 3 4

(B) 3 1 2 4

(D) 4 3 2 1

Ans. (b)

56. Which one of the following cases is a case of estoppel?

A. Sita Ram v. State of U.P.

B. Bal Krishan Das v. Legge

C. Palak DharVSi.ngh v. Collector of Gorakhpur

D. Vibhavati v. Ramendra Kumar

Ans. (c)

57. Where in a Judicial proceeding the handwriting of a teacher is in question, the opinion of his student may be relevant under which Section of Indian Evidence Act?

A. Section-45

B. Section-47

C. Section-de

D. None of the above

Ans. (b)

58. In which of the following cases constitutionality of Section 27 was challenged for violation of Article 20(3) of the Constitution?

A. State of Bombay v. Kathi Kalu

B. Mirza Akbar v. King Emperor

C. State of U.P. v. Deoman Upadhaya

D. Queen Emperor v. Abdullah

Ans. (a)

59. Which of the following Section defines public documents?

(A) Section-34 (B) Section-35

Ans. (c)

60. The general rule is that admissions are proved against the maker. Which of the folio' Provisions of the Evidence Act provide exception to the rule?

(A) Section 17 (B) Section 18

Ans. (c)

61. Match the following and tick the correct code.

List-I List-II

(Section of Evidence Act)

A. Section-60 1. Leading question

B. Section-141 2. Hostile Witness

C. Section-154 3. Refresh memory

D. Section-159 4. Oral evidence

Codes:

A B C D

(A) 4 1 2 3

(B) 1 2 3 4

(D) 1 3 4 2

Ans. (a)

62. Which Section of Evidence Act provides that judge will decide as to admissibility evidence?

(A) Section 5 (B) Section 23

Ans. (c)

63. Under which Section of Evidence Act II witness has been given right to refresh t memory?

(A) Section 145 (B) Section 159

Ans. (b)

64. 'A' is accused of murder of 'B' by pistol alleged to by purchased on 15^th September at Dehradun. A makes a statement that on 15^th September he was at Lucknow, not Dehradun. A's Statement is a relevant fi under:

A. Section 8

B. Section 9

C. Section 11

D. Section 14

Ans. (b)

65. Who amongst the following is an accomplice?

A. A spy

B. A person giving bribe under coercion

C. A raped girl (Prosecutrix)

D. A prostitute

Ans. (d)

66. Which of the following judgements is irrelevant under Section 43 of the Evidence Act?

A. Judgement of an Insolvency Court

B. Judgement of an Matrimonial Court

C. Judgement of a Probate Court

D. Judgement of a Criminal Court

Ans. (d)

67. Which Section of Evidence Act is based on the Maxim "Salus populist sum rema lex"?

A. Section 119

B. Section 120

C. Section 115

D. Section 123

Ans. (d)

68. The Evidence Act provides for exception to the hear-say rule under:

A. Sections 17-39

B. Sections 32-33

C. Sections 34-35

D. All the above Sections

Ans. (b)

69. Which Provision of the Evidence Act provides that birth during marriage is conclusive proof of legitimacy?

A. Section 110

B. Section 111

C. Section 112

D. None of the above

Ans. (c)

70. Point out the incorrect answer Evidence may be:

A. Direct and indirect

B. Primary and secondary

C. Oral and documentary

D. Procedural and substantive

Ans. (d)

71. Which of the following statements is correct in relation to Evidence Act?

A. Sir H.S. Maine prepared the draft Bill of the Act.

B. Sir James Stephen prepared the draft Bill of the Act.

C. The draft Bill of the Act was prepared by II Law Commission

D. None of the above

Ans. (b)

72. Cooper v. Cooper (1874) relates to:

A. Rules against property

B. Doctrine of election

C. Doctrine of part performance

D. Transfer for unborn child

Ans. (b)

73. The doctrine of Lis-pendens is based on the principle of:

A. Public policy

B. Judicial policy

C. Distributive justice

D. Delay to be avoided in justice delivery system

Ans. (a)

74 . Which of not specifically mentioned as a kind of Mortgage in the Transfer of Property Act, 1882?

A. Equitable Mortgage

B. Anomalous Mortgage

C. Mortgage by deposit of title deeds

D. English Mortgage

Ans. (a)

75. What can be transferred under the Transfer of Property Act, 1882?

A. An easement along with the dominant heritage

B. Political pension

C. Spes-Successionis

D. Stipends allowed to the civil pensioners of the Government

Ans. (a)

76. In which of the Section of Transfer of Property Act, the 'Doctrine of Consolidation' is incorporated?

(A) Section-60 (B) Section-61

Ans. (b)

77. Concept of ' onerous gift' is embodied in which section of TP Act?

(A) Section-125 (B) Section 127

Ans. (b)

78. Duration of Agriculture lease in the absence of written contract or local usage under Section 106 of TPA shall be deemed to be a lease:

A. from the month to month

B. one eleven months

C. from year to year

D. of twelve year

Ans. (c)

79. State the correct answer, the familiar rule "redeem up fore-close down" is a combination of Provisions of:

A. Section 89 and 91

B. Section 91 and 92

C. Section 92 and 93

D. Section 91 and 94

Ans. (d)

80. 'A' gives Rs. 500 to 'B' on condition that 'B' shall marry A's daughter 'G'. On the date of transfer 'G' was dead. The transfer is void under which Section of Transfer of Property Act?

(A) Section 25 (B) Section 26

Ans. (a)

81. A right to future maintenance in whatsoever manner arising, secured or determined:

A. can be transferred

B. cannot be transferred

C. can be sold

D. can be vested

Ans. (b)

82. A gift of future property is:

A. valid

B. voidable

C. void

D. irregular

Ans. (c)

83. Within the meaning of provisions of Section 67 of the Transfer of Property Act the mortgage remedies by suit are:

A. for foreclosure

B. for sale

C. for appointment of receiver

D. all are relevant

Ans. (a)

84. To which of the following Sections 5 to 37 of the Transfer of Property Act, 1882 apply?

A. Transfers of movable property only

B. Transfers of immovable property only

C. Transfers of property whether movable or immovable

D. Specific transfer and not to general principles of transfer of property

Ans. (c)

85. 'A' transfer Rs. 5000 to 'B' on condition that he shall execute a certain lease within three months after A's death and if he should neglect to do so, to C. B dies in A's life time.

Which Section of the Transfer of Property Act, 1882 shall apply in deciding the legal right of 'C'?

(A) Section 29 (B) Section 26

Ans. (d)

86. Assertion (A): Section 14 of TPA provides for the Rules against perpetuity.

Reasons (R): This rule is based on public policy.

Select the correct from the code given Codes:

A. Both (A) and (R) are true and (R) is correct explanation of (A)

B. Both (A) and (R) are true but (R) is the correct explanation of (A)

C. is true but (R) is false

D. is false but (R) is true

Ans. (a)

87. What is the minimum imprisonment prescribed for use of deadly weapons 'dacoity'?

(A) 10 years (B) 07 years

Ans. (b)

88. Under which Section of the Indian Penal it is omission, and not an act, which is offence?

(A) Section 491 (B) Section 296

Ans. (a)

89. Under IPC, which one of the following Sections makes provision of Solitary Confinement?

(A) Section 71

(B) Section 72

(D) Section 74

Ans. (c)

90. Match List-I with List-II and select the correct answer using the code given below the lists

List-I List-II

(Case) (Subject)

A. Kehar Singh v. Delhi 1. Right of Private defence

Administration

B. Nawab Ali v. state of U.P. 2. Criminal Conspiracy

C. Vishwanath v. State of U.P. 3. Conspiracy Common

D. Mehboob Shah v. Emperor 4. Common Object

Code:

A B C D

(A) 2 4 1 3

(B) 3 1 4 2

(D) 2 1 4 3

Ans. (a)

91. Which one of the following offences is not compoundable under IPC?

(A) Section 323

(B) Section 334

(D) Section 307

Ans. (d)

92. “I believe in operation Valmiki because every Sant has a past and every criminal has a future.”

The statement is of:

(A) Justice Sikri

(B) Justice P.N. Bhagwati

(D) Justice J.S. Verma

Ans. (c)

93. Which one of the following is an incomplete crime?

(A) Public Nuisance

(B) Criminal attempt

(D) Riot

Ans. (b)

94. A, on grave and sudden provocation from ‘Z’ fires a pistol at Z, who does not dies, A is guilty of:

(A) attempt to murder

(B) culpable homicide not amounting to murder

(D) grievous hurt

Ans. (c)

95. ‘X’ with the intention to kill ‘Y’ supplies him powdered sugar believing it to be poison. ‘Y’ eats the powder. ‘X’ is guilty of:

(A) no offence

(B) attempt to commit murder

(D) abetment to commit murder

Ans. (a)

96. ‘X’ is a good swimmer. He finds, Y a child of seven years of age drowning in a canal. He could have saved the child but did not do so. The child is drowned. ‘X’ is guilty of:

(A) no offence

(B) murder

(D) culpable homicide not amounting to murder

Ans. (a)

97. An executioner who execute the death penalty is protected from criminal liability under which Section of IPC?

(A) Section 97 (B) Section 78

Ans. (b)

98. ‘A’ finds a purse with money on the high-road, not knowing to whom the purse belonging, ‘A’ picks up the purse. He has committed on offence under:

(A) Section 403 IPC

(B) Section 404 IPC

(D) None of the above

Ans. (d)

99. Just after theft, a man is found in the possession of stolen goods. The matter relates to which one of the following Sections of Indian Evidence Act?

(A) Section 114-A

(B) Section 114

(D) Section 111-A

Ans. (b)

100. In which Section of IPC the law relating to ‘Dowry death’ is contained?

(A) Section 304-B (B) Section 304

Ans. (a)

101. What is the age of the child to get immunity from criminal liability?

(A) Less than 10 years

(B) Less than 7 years

(D) Less than 14 years

Ans. (b)

102. In which case the Supreme Court has struck down Sections 303 IPC as unconstitutional?

(A) Machchi Singh v. State of Punjab

(B) Bachan Singh v. State of Punjab

(D) Mithu Singh v. State of Punjab

Ans. (d)

103. The law relating to criminal misappropriation of property is given under Section:

(A) 403 IPC (B) 404 IPC

Ans. (a)

104. Assertion (A): Crime is punishable because it is provided in the law.

Reasons ®: Crime is revolting to the moral sense of society.

In the context of the above, which one of the following is correct?

Codes:

(A) Both A and R are true and R is the correct explanation of A

(B) Both A and R are true but R is not the correct explanation of A

(D) A is false but R is true

Ans. (b)

105. ‘A’ shoots ‘Z’ with the intention of killing him. ‘Z’ dies in consequence. ‘A’ commits:

(A) culpable homicide

(B) murder

(D) none of the above

Ans. (b)

106. Kidnapping of:

(A) one kind (B) two kinds

Ans. (b)

107. Match List-I with List-II and select the correct answer using the code given below the lists:

List-I List-II

(A) Common Intention 1. Theft

(B) Common Object 2. Abetment

(D) Dishonest Intention 4. Constructive Liability

Code:

A B C D

(A) 3 1 2 4

(B) 2 4 3 1

(D) 2 1 3 4

Ans. (c)

108. ‘X’ sends through his servant a typewriter to be delivered to ‘Y’ his friend. The servant takes the typewriter and uses it over a period of time. The servant is to be guilty of:

(A) Extortion

(B) Theft

(D) Criminal breach of trust

Ans. (d)

109. ‘B’ takes a gold ring of ‘A’ out of ‘A’s possession without ‘A’ s consent with the intention of keeping it till ‘A” gives ‘B’ some money for is restoration to ‘A’. ‘B’ is guilty of :

(A) Cheating

(B) Criminal breach of trust

(D) Theft

Ans. (d)

110. X with the intention to cause miscarriage, administered a drug to a pregnant lady Y the child in the womb died. X is guilty of:

(A) murder

(B) culpable homicide not amounting to murder

(D) causing miscarriage

Ans. (d)

111. It cannot be committed in a private place:

(A) Murder

(B) Riot

(D) Affray

Ans. (d)

112. In which of the following cases the Supreme Court has laid down important guidelines to abate sexual harassment?

(A) Vishaka v. State of Rajasthan

(B) Apparel Export Corp. v. A.K. Chopra

(D) None of the above

Ans. (a)

113. A incites a dog to spring upon Z without Z consent. Here A intends to cause injury, fear or annoyance to Z

(A) A uses criminal force to Z

(B) A used force to Z

(D) All of the above

Ans. (a)

114. A enters Z’s house through a window A commits:

(A) Trespass

(B) House trespass

(D) All the above

Ans. (c)

115. Assertion (A): Homicide is the killing of a human being by a human being

Reason ®: Homicide is always unlawful.

Select the correct answer from the code given below:

Codes:

(A) Both A and R are true and R is the correct explanation of A

(B) Both A and R are true but R is not the correct explanation of A

(D) A is false but R is true

Ans. (c)

116. A has sexual intercourse with his own wife who is living separately from his under a decree of separation without her consent. Which Section of India Penal Code covers this matter?

(A) Section 376

(B) Section 376 A

(D) Section 376 C

Ans. (b)

117. Which Order under C.P.C. provides detailed rules regarding judgments and decree?

(A) Order XIX (B) Order XX

Ans. (b)

118. Which of the provision C.P.C. deals with consequences of disobedience of an injunction granted by Court?

(A) Order 39 Rule 1

(B) Order 39 Rule 2

(D) Order 39 Rule-3

Ans. (c)

119. Order 21 C.P.C. dealing with execution of decrees and orders contains:

(A) 100 Rules (B) 102 Rules

Ans. (d)

120. Which of the following is not a case on res-judicata?

(A) Duche’s of Kington case

(B) Chhajju Ram v. Neki

(D) Byram Pestonji Kariwala v. Union of India

Ans. (b)

121. Which provision of C.P.C. deals with enforcement of a decree against legal representative?

(A) Section 50

(B) Section 51

(D) None of the above

Ans. (d)

122. An original suit for the value of Rs. 20 lac shall be instituted in the Court of:

(A) High Court

(B) District Judge

(D) Civil Judge (Senior Division)

Ans. (d)

123. Which of the following provisions of C.P.C. provides for adjudication of claims and objections to attachment of property?

(A) Order 21 Rule 59

(B) Order 21 Rule 58

(D) None of the above

Ans. (b)

124. Match the following lists and ticks the correct code:

List-I List-II

(Order of CPC) (Subjects)

(A) Order XVII 1.Execution

(B) Order XXI 2. Suit by or against Corporation

(D) Order XXXIII 4. Adjournment

Code:

A B C D

(A) 1 2 3 4

(B) 4 3 2 1

(D) 3 2 4 1

Ans. (c)

125. Match the following lists and tick the correct code:

List-I List-II

(A) Section 10 1. Inherent Power of the court

(B) Section 11 2. Transfer of decree

(D) Section 151 4. Res-subjudice

Code:

A B C D

(A) 4 3 2 1

(B) 1 2 3 4

(D) 3 4 1 2

Ans. (a)

126. Which provision of the C.P.C. provides that one person may use or defend on behalf of all in same interest?

(A) Order 1 Rule 1

(B) Order 2 Rule 2

(D) Order 1 Rule 9

Ans. (c)

127. The meaning of written statement is:

(A) suit of plaintiff

(B) suit of defendant

(D) answer by plaintiff of defendant’s suit

Ans. (c)

128. The Code of Civil Procedure (Amendment) Act, 2002 came into force on:

(A) 01.07.2002 (B) 01.04.2002

Ans. (a)

129. Which one of the following Section has been newly added by Civil Procedure Code (Amendment) Act, 1999?

(A) Section 87 (B) Section 88

Ans. (c)

130. Under which provision of C.P.C. the collector may be appointed as a Receiver?

(A) Order 40 Rule 1 (B) Order 40 Rule 2

Ans. (d)

131. Objections as to local or pecuniary jurisdiction shall be raised at the first opportunity. This is the essence of C.P.C.

(A) Section 21 (B) Section 22

Ans. (a)

132. The doctrine of res-judicata is not applicable in the case of following writ:

(A) Habeas Corpus (B) Certiorari

Ans. (a)

133. All orders and notices served on or given to any person under the provisions of C.P.C. shall be in writing is provided under:

(A) Section 141 (B) Section 142

Ans. (b)

134. Provisions relating to set off counter claims are contained in which one of the following orders?

(A) Orders VI (B) Order VII

Ans. (c)

135. The court may complete the attendance of any person to whom a summons has been issued under Section 32 C.P.C and for the purpose may impose a fine upon him not exceeding:

(A) Rs. five hundred

(B) Rs. one thousand

(D) Rs. five thousand

Ans. (d)

136. No second appeal shall lie under Section 102 C.P.C. from any decree, when the subject matter of original suit is for recovery of money not exceeding:

(A) Rs. three thousand

(B) Rs. five thousand

(D) Rs. twenty five thousand

Ans. (d)

137. How many minimum number of judges of the High Court are required to sign the confirmation of death sentence?

(A) 3 (B) 2

Ans. (b)

138. An irregularity by the Magistrate in which one of the following cases will not vitiate proceedings?

(A) Making an order for maintenance

(B) Demanding security for good behavior

(D) Trying an offences summarily

Ans. (c)

139. Order under Section 144 Cr. P.C. is amendable to writ jurisdiction on violation of any Fundamental Rights. This was held in case of:

(A) Dibakar Naik v. Pushpalata Patel (1997) 3 Crimes 107

(B) Gopalachari v. State of Kerala 1981 SCR 338

(D) Shelam Ramesh v. State of A.P. (1999) 8 SCC 369

Ans. (c)

140. Classification of compoundable and non-compoundable offences has been provided under Cr.P.C. in:

(A) First Schedule

(B) Second Schedule

(D) Section 320 Cr. P.C.

Ans. (d)

141. The Code of Criminal Pre (Amendment) Act 2005 (No. 25 ( received the assent of the President

(A) 21^st July, 2005

(B) 23^rd June, 2005

(D) 20^th September, 2005

Ans. (b)

142. Which provision under the Code of Procedure, 1973 prescribed the mode of execution of sentence of death that the convict be hanged by the neck until dead"?

(A) Section 413

(B) From No. 42 of the Second Scheduled of the Code

(D) Section 414

Ans. (b)

143. Which Section of Cr.P.C. provides for confirmation by the High Court of an order of death sentence passed by the Section Court prior to its execution?

(A) Section 366 (B) Section 368

Ans. (a)

144. The appeal against an order of acquittal passed by the Court of Judicial Magistrate first class shall lie to:

(A) The Court of Chief Judicial Magistrate

(B) The Court of Session

(D) The Supreme Court

Ans. (b)

145. In which one of the following Sections of Cr.P.C. provisions for free legal aid is made?

(A) Section 301 (B) Section 306

Ans. (c)

146. In which case it was held that second wife of a person, whose husband's first wife is alive cannot claim maintenance from her husband under S. 125 Cr.P.C. 1973?

(A) State of Haryana v. Santra

(B) Mahera Biswas v. Sewegata Biswas

(D) None of the above

Ans. (c)

147. The provisions proving conviction is envisaged in which of the following Sections of Cr.P.C.?

(A) Section 296 (B) Section 297

Ans. (c)

148. An offence is committed by a British citizen on an aircraft registered in India. The offender may be dealt with under which provision of the Code of Criminal Procedure, 1973?

(A) Section 188

(B) Section 183

(D) Section 186

Ans. (a)

149. The Court may alter the charge:

(A) before the evidence of the prosecution is taken

(B) before the accused enters upon his defence

(D) before the judgment is pronounced

Ans. (d)

150. Under which Section of Cr.P.C. conditional order for removal of nuisance may be issued?

(A) Section 110 (B) Section 130

Ans. (c)

151. A minor child claims maintenance under Section 125 Cr.P.C., 1973 from his father-who is in U.S.A. The Court directed the Magistrate to issue warrant for recovery of amount of maintenance from concerned parents in U.S.A. through Indian Ambassador in U.S.A. It was also held by the Court that if father fails to send the amount of maintenance, then the Magistrate will proceed according to law. This was held in:

(A) Piyal v. Pradeep Kumar Kamboj, 2000

(B) Sargam Bonia Sreenu v. Kamal, 2000

(D) Ashok Kumar v. Kirpal Singh, 2000

Ans. (a)

152. Inherent power under Section 482 Cr.P.C. can be exercised by:

(A) Any Criminal Court

(B) The Supreme Court only

(D) The High Court

Ans. (d)

153. Match the following lists and tick the correct

Code:

List-I List-II

A. S. 290 of Cr.P.c. 1. Report of Government

Scientific Expert

B. S. 291 of Cr.P.c. 2. Evidence of Officers of

Mint

C. S. 292 of Cr.P.c. 3. Deposition of Medical

Witness

D. S. 293 of Cr.P.c. 4. Execution of Foreign

Commission

Code:

A B C D

(A) 1 2 3 4

(B) 4 3 1 2

(D) 4 2 3 1

Ans. (c)

154. For every distinct offence of which any person is accused, there shall be a separate charge, where is the exception to this rule in Cr.P.C.?

(A) Section 219

(B) Section 220 and .222

(D) Sections 219, 220, 221 and 223

Ans. (d)

155. In which of the following cases, Section 144 of the Code of Criminal Procedure has been held constitutionally valid by the Supreme Court?

(A) Madhu Limaye v. S.D.M. Mangare

(B) Nanak Chand v. Chandra Kishore

(D) Mithilesh Kumar v. Bindh Wasni

Ans. (a)

156. Who amongst the following is not entitled for maintenance under Section 125 Cr.P.C. 1973?

(A) Illegitimate minor child

(B) Divorced wife

(D) Uterine brother

Ans. (d)

157. The case of Deena v. Union of India relates to:

(A) capital punishment

(B) hanging as mode of execution

(D) hand cuffing

Ans. (b)

158. Which one of the following Sections provides prosecution of judges under Cr.P.C. 1973?

(A) Section 195 (B) Section 196

Ans. (c)

159. According to Section 468 Cr.P.C. no court shall take cognizance of an offence punishable with imprisonment for a term not exceeding one year:

(A) after the expiry of one year

(B) after the expiry of six months

(D) after the expiry of two years

Ans. (a)

160. Any statement made by any person to a police officer under Section 162 Cr.P.C. in the course of investigation:

(A) must be signed by the person making it

(B) may not be signed by the .person making it

(D) may be signed by person making statement or the witnesses

Ans. (b)

161. First Information Report under Section 154 Cr.P.C. relates to:

(A) non-cognizable offence

(B) only a cognizable offence

(D) none of the above

Ans. (b)

162. How many witnesses are essential at the of marriage in Shia Law?

(A) No witness (B) Two witnesses

Ans. (a)

163. What is recognition of Muta Marriage among Sunni Muslims?

(A) Valid (B) Void

Ans. (b)

164. Under Sunni law, if husband gives Talaq under coercion, intoxication and joke. Talaq is:

(A) Valid

(B) Invalid

(D) None of the above

Ans. (a)

165. What minimum amounts is fixed for dower amongst Sunni Muslims?

(A) 10 Dirhms (B) 2 Dirhms

Ans. (a)

166. A Sunni Muslim marries with Kitabya girl, the Marriage is:

(A) Valid

(B) Void

(D) None of the above

Ans. (a)

167. Dower is:

(A) essential incidence of marriage

(B) considerable to the marriage

(D) all of the above

Ans. (d)

168. Under Muslim Law a will may be made

(A) only one fourth of the property

(B) only one third of the property

(D) the entire property

Ans. (b)

169. The Dissolution of Muslim Marriages 1939 gives a right of judicial divorce, 01 of the grounds mentioned in it, to:

(A) Both husband and wife

(B) Husband only

(D) None of the above

Ans. (c)

170. If a Shia male marries with a Sunni female, the marriage will be:

(A) Batil

(B) Sahi

(D) None of the above

Ans. (b)

171. Which of the following is not personal matter within the meaning of Section 2 of Sahriat Act, 1937?

(A) Wakf

(B) Guardianship

(D) Maintenance

Ans. (c)

172. Widow’s right of retention for non-payment of her dower is her:

(A) Personal right

(B) Religious right

(D) Right given under Dissolution of Muslim Marriage Act, 1939

Ans. (a)

173. On the ground of Fosterage a Muslim Marriage is:

(A) voidable (B) void

Ans. (b)

174. Talak-Ul-Bidat is recognised by the:

(A) Shias (B) Sunnies

Ans. (b)

175. Which statement regarding gift under Muslim law is correct one?

(A) Gift can be made orally

(B) Gift can only be made in writing

(D) None is correct

Ans. (c)

176. One of the following, has no right of preemption in Muslim law:

(A) Shafi-I Khalit

(B) Shafi I Sharik

(D) Shafi I Meherban

Ans. (d)

177. A creates a waqt of Rs. 40,000 for 25 years in Muslim Law. The waqt if:

(A) void (B) invalid

Ans. (a)

178. A Muslim makes a death bed gift of his half property to his son. What will be the effect of this gift?

(A) valid

(B) invalid

(D) none of the above

Ans. (b)

179. A son in Muslim Law is entitled to:

(A) ½ of the property

(B) ¾ of the property

(D) is a residuary heir

Ans. (d)

180. Who said, “ Divorce good in law though bad in Theology”?

(A) Justice Mittar

(B) Justice Bachloar

(D) Justice Amir Ali

Ans. (d)

181. Which one of the following is not a primary source of Muslim Law?

(A) The Quran (B) Shariat

Ans. (b)

182. "Ouran provides a best procedure for divorce," Who made this statement?

(A) Justice Krishan Iyer

(B) Justice Ahmadi

(D) Justice Sagheer Ahmad

Ans. (c)

183. Dissolution of Muslim Marriage Act, 1939 is based on the principles of which Muslim schools?

(A) Hanafi School (B) Shafi School

Ans. (c)

184. A groom of 25 years of age marriage to bride of 15 years of age. Under Hindu Law this marriage is:

(A) void

(B) voidable

(D) illegal

Ans. (c)

185. In Hindu Marriage bride and bride groom has taken 2% steps round the Holy fire. Marriage is:

(A) valid (B) voidable

Ans. (c)

186. Under which Section of Hindu Marriage Act, 1955 husband and wife are allowed to divorce by mutual consent?

(A) Section 13A (B) Section 13B

Ans. (b)

187. The decree of divorce has been passed between A and B. A celebrate second marriage with C within six months of this decree. This marriage is:

(A) voidable (B) void

Ans. (d)

188. Which one of the following is not included in the term of 'Hindu' used in Hindu Marriage Act, 1955?

(A) Sikhs (B) Jains

Ans. (c)

189. The Hindu Marriage Act, 1955 contains the minimum period of desertion for filing a suit for judicial separation:

(A) Three years (B) Five years

Ans. (c)

190. Sapinda Relationship extends upto :

(A) Fourth generation through mother

(B) Fifth generation through mother

(D) None of the above

Ans. (c)

191. Which one of the following Sections of the Hindu Succession Act, 1956 makes provisions for 'Notional Partition'?

(A) Section 14 (B) Section 10

Ans. (c)

192. The case of Hanuman Prasad Pandey v. Mst. Baboee is related to:

(A) Adoption (B) Marriage

Ans. (c)

193. A Hindu dies' intestate leaving behind two sons, one daughter and widow. His property shall devolve upon:

(A) sons only

(B) sons and daughter

(D) widow only

Ans. (c)

194. Under Hindu Succession Act, 1956 which one of the following is not a class I heir?

(A) Mother (B) Father

Ans. (b)

195. The constitutional validity of Section 9 of Hindu Marriage Act, 1955 was tested in:

(A) Saroj Rani v. Sudharshan AIR 1984 1562

(B) Shakuntalabai v. Kulkarni AIR 1989 1309

(D) Nandav. Veena Nanda AIR 1988 SC 407

Ans. (a)

196. A, a Hindu has two wives W1 and W2 and one son S by wife W1 and four sons, S1, S2, S3 and S4 by wife W2. On a partition of coparcenary property W1 and W2 will get:

(A) No share, as neither of them is coparcenary

(B) 1/4 share each

(D) 18 share each

Ans. (d)

197. Who is eligible to adopt a son?

(A) Who has one natural son

(B) Who already has one adopted son

(D) All of the above

Ans. (a)

198. A Hindu Male of 30 years of age adopts female child of 15 years of age. The adopts is:

(A) Valid (B) Void

Ans. (b)

199. In Hindu Law, a father-in-law is bound I provide maintenance to his widowed daughter-in-law:

(A) out of his own resources

(B) if the daughter-in-law is not re-mania

(D) she is unable to get maintenance from her father

Ans. (d)

200. Under Hindu Law:

(A) A mother cannot be natural guardian of a minor during life time of father.

(B) After father’s death grandfather is natural guardian of the minor

(D) Elder-brother would be guardian after father and grandfather

(A) (i) and (iii) are true

(B) (H) and (iv) are true

(D) None of the above

Ans. (d)

Courtesy:- Legal Point Foundation

Legal Point

02 March, 2016

Solved Question Paper of Uttarakhand Judicial Services (Pre.) Examination, 2006

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